Colorado 2022 2022 Regular Session

Colorado House Bill HB1390 Amended / Bill

Filed 05/06/2022

                    Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-1016.01 Jacob Baus x2173
HOUSE BILL 22-1390
House Committees Senate Committees
Education Education
Appropriations Appropriations
A BILL FOR AN ACT
C
ONCERNING THE FINANCING OF PUBLIC SCHOOLS , AND, IN101
CONNECTION THEREWITH , MAKING AN APPROPRIATION . 102
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 1 of the bill finds that current economic conditions have
increased the amount of revenue available to the state for the 2022-23
budget year, allowing the state to increase the amount of appropriation for
the state's share of total program funding for school districts and institute
charter schools, thereby mitigating the impact of the budget stabilization
factor. Additionally, it finds there is uncertainty concerning the continuity
SENATE
3rd Reading Unamended
May 6, 2022
SENATE
Amended 2nd Reading
May 5, 2022
HOUSE
3rd Reading Unamended
April 27, 2022
HOUSE
Amended 2nd Reading
April 26, 2022
HOUSE SPONSORSHIP
McCluskie and McLachlan, Amabile, Bacon, Bernett, Bird, Boesenecker, Caraveo,
Cutter, Daugherty, Duran, Esgar, Exum, Froelich, Garnett, Gonzales-Gutierrez, Herod,
Hooton, Jodeh, Kipp, Lindsay, Lontine, McCormick, Michaelson Jenet, Mullica, Ortiz, Ricks,
Roberts, Sirota, Snyder, Titone, Valdez A., Valdez D., Weissman, Young
SENATE SPONSORSHIP
Zenzinger and Lundeen, Bridges, Buckner, Coleman, Cooke, Donovan, Fenberg, Fields,
Gardner, Ginal, Gonzales, Hansen, Hinrichsen, Hisey, Holbert, Jaquez Lewis, Kirkmeyer,
Kolker, Lee, Liston, Moreno, Pettersen, Scott, Simpson, Sonnenberg, Story, Winter,
Woodward
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. and longevity of these current economic conditions and the reliability of
continuing high property values and increased revenue.
Section 2 of the bill:
! Increases the statewide base per pupil funding for the
2022-23 budget year by $252.88, to account for inflation of
3.5%, to a new statewide base per pupil funding amount of
$7,478.16; and
! Sets the total program funding for the 2022-23 budget year
for all school districts and institute charter schools after
application of the budget stabilization factor to not less
than $8,420,114,162.
Section 3 of the bill permits a public school one additional year to
discontinue the prohibited use of an American Indian mascot if the public
school was first notified of the prohibited use on or after January 1, 2022.
Section 4 of the bill extends by one year the requirement for a
board of cooperative services (BOCES) to obtain written permission from
the school district in which a school operates or is located if the BOCES
intends to authorize the school and the school is physically located within
the geographic boundaries of a school district that is not a member of the
BOCES.
Section 5 of the bill extends by one year the ability for local
education providers to carry forward more than 15% of per-pupil
intervention money received pursuant to the "Colorado READ Act".
Sections 6 and 7 of the bill extend by one year the local
accountability system grant program and the requirement that the
department of education (department) contract with an external evaluator
to evaluate the implementation of the local accountability systems. The
bill makes an appropriation for this evaluation.
Section 8 of the bill extends by one year the completion of the
pilot program to develop and use screening and identification processes
and intervention strategies for early identification of and support for
students enrolled in kindergarten through third grade who may have
dyslexia.
Section 9 of the bill states that, if a school district permits a
student whose parent or guardian is a resident of the state but not a
resident of the district to attend school in the district, the school district
shall not require the parent, guardian, or student to pay tuition to attend
school in the district, regardless of when during the school year, or under
what circumstances, the student enrolls in or attends school in the district.
Section 10 of the bill authorizes financial assistance through the
educator recruitment and retention program to be used for applicants
agreeing to teach for 3 years in educator shortage areas in the state.
Section 11 of the bill permits a vendor that contracts with the
department to develop a quality teacher recruitment program, and
commits to satisfying the requirement to match 100% of the money paid
1390
-2- by the department for the contract through gifts, grants, or donations from
private donors, to also accept gifts, grants and donations from school
districts.
Section 12 of the bill removes the department's authority to
annually reallocate money among participating schools under the local
school food purchasing program.
Sections 13 to 16 of the bill extend by one year the K-5 social and
emotional health pilot program and amend the requirements for school
mental health professionals participating in the pilot program.
Section 17 of the bill permits 20% of the money appropriated for
the Colorado imagination library program to be used by the contractor for
operating costs.
Section 18 of the bill requires the state auditor to grant an
extension of the time to meet auditing requirements for the 2021-22
budget year for rural and small rural school districts that can demonstrate
difficulty in retaining an auditor, in lieu of prohibiting the release of tax
revenue for the school districts.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Legislative declaration. (1)  The general assembly2
finds and declares that:3
(a)  The annual total program funding of Colorado's schools is a4
collaborative effort between school districts and the state;5
(b)  In recent years, the stabilization of the state budget has6
required a reduction in the amount of the annual appropriation to fund the7
state's share of total program funding for all school districts and institute8
charter schools. This reduction is commonly referred to as the "budget9
stabilization factor".10
(c)  The school districts' share of total program funding is11
primarily derived from nonresidential and residential property tax12
revenue. Colorado's current economic conditions, which are driving13
significant increases in property values, are generally increasing the14
school districts' share of total program funding and consequently15
decreasing the state's share of total program funding.16
1390-3- (d)  The current economic conditions have also increased the1
amount of revenue available to the state for the 2022-23 budget year,2
allowing the state to significantly increase the amount of appropriation for3
the state's share of total program funding for school districts and institute4
charter schools, thereby mitigating the impact of the budget stabilization5
factor; and6
(e)  There is, however, a great deal of uncertainty concerning the7
continuity and longevity of these current economic conditions and8
whether high property values and increased revenue will continue.9
(2)  Therefore, the general assembly declares that it is committed10
to continuing the efforts to reduce the budget stabilization factor in11
subsequent budget years to the degree possible, subject to the continuing12
high levels of property values and changing economic conditions.13
SECTION 2. In Colorado Revised Statutes, 22-54-104, add14
(5)(a)(XXIX) and (5)(g)(I)(M) as follows:15
22-54-104.  District total program - definitions. (5)  For16
purposes of the formulas used in this section:17
(a) (XXIX)  F
OR THE 2022-23 BUDGET YEAR, THE STATEWIDE BASE18
PER PUPIL FUNDING IS $7,478.16, WHICH IS AN AMOUNT EQUAL TO19
$7,225.28,
 SUPPLEMENTED BY $252.88 TO ACCOUNT FOR INFLATION.20
(g) (I)  For the 2010-11 budget year and each budget year21
thereafter, the general assembly determines that stabilization of the state22
budget requires a reduction in the amount of the annual appropriation to23
fund the state's share of total program funding for all districts and the24
funding for institute charter schools. The department of education shall25
implement the reduction in total program funding through the application26
of a budget stabilization factor as provided in this subsection (5)(g)(I).27
1390
-4- For the 2010-11 budget year and each budget year thereafter, the1
department of education and the staff of the legislative council shall2
determine, based on budget projections, the amount of such reduction to3
ensure the following:4
(M)  T
HAT, FOR THE 2022-23 BUDGET YEAR, THE SUM OF THE5
TOTAL PROGRAM FUNDING FOR ALL DISTRICTS , INCLUDING THE FUNDING6
FOR INSTITUTE CHARTER SCHOOLS , AFTER APPLICATION OF THE BUDGET7
STABILIZATION FACTOR, IS NOT LESS THAN 
EIGHT BILLION FOUR HUNDRED8
TWENTY-TWO MILLION TWO HUNDRED SIXTEEN THOUSAND ONE HUNDRED9
FIFTY-NINE DOLLARS ($8,422,216,159); EXCEPT THAT THE DEPARTMENT10
OF EDUCATION AND THE STAFF OF THE LEGISLATIVE COUNCIL SHALL MAKE11
MID-YEAR REVISIONS TO REPLACE PROJECTIONS WITH ACTUAL FIGURES ,12
INCLUDING BUT NOT LIMITED TO ACTUAL PUPIL ENROLLMENT , ASSESSED13
VALUATIONS, AND SPECIFIC OWNERSHIP TAX REVENUE FROM THE PRIOR14
YEAR, TO DETERMINE ANY NECESSARY CHANGES IN THE AMOUNT OF THE15
REDUCTION TO MAINTAIN A TOTAL PROGRAM FUNDING AMOUNT FOR THE16
APPLICABLE BUDGET YEAR THAT IS CONSISTENT WITH THIS SUBSECTION17
(5)(g)(I)(M). F
OR THE 2023-24 BUDGET YEAR, THE DIFFERENCE BETWEEN18
CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND ACTUAL19
STATEWIDE TOTAL PROGRAM FUNDING MUST NOT EXCEED THE DIFFERENCE20
BETWEEN CALCULATED STATEWIDE TOTAL PROGRAM FUNDING AND21
ACTUAL STATEWIDE TOTAL PROGRAM FUNDING FOR THE 2022-23 BUDGET22
YEAR.23
SECTION 3. In Colorado Revised Statutes, 22-1-133, add (6) as24
follows:25
22-1-133.  Prohibition on use of American Indian mascots -26
exemptions - definitions. (6) (a)  N
OTWITHSTANDING THE PROVISIONS OF27
1390
-5- THIS SECTION TO THE CONTRARY , A PUBLIC SCHOOL IN THE STATE IS1
PROHIBITED FROM USING AN AMERICAN INDIAN MASCOT ONE YEAR AFTER2
NOTIFICATION BY THE COMMISSION , IN COORDINATION WITH THE3
DEPARTMENT OF EDUCATION , IF:4
(I)
  THE PUBLIC SCHOOL IS USING AN AMERICAN INDIAN MASCOT;5
(II)  T
HE PUBLIC SCHOOL DOES NOT MEET THE CRITERIA FOR AN6
EXEMPTION AS OUTLINED IN SUBSECTION (2)(b) OF THIS SECTION; AND
7
(III)  T
HE PUBLIC SCHOOL WAS NOT IDENTIFIED PURSUANT TO8
SUBSECTION (4)(a) OF THIS SECTION.
9
(b)  W
HEN A PUBLIC SCHOOL DESCRIBED PURSUANT TO SUBSECTION10
(6)(a) 
OF THIS SECTION DISCONTINUES ITS USE OF AN AMERICAN INDIAN11
MASCOT PRIOR TO THE ONE-YEAR DEADLINE AFTER NOTIFICATION BY THE
12
COMMISSION, IN COORDINATION WITH THE DEPARTMENT OF EDUCATION ,13
THE PUBLIC SCHOOL SHALL NOTIFY ITS SCHOOL DISTRICT OR , IN THE CASE14
OF AN INSTITUTE CHARTER SCHOOL , THE STATE CHARTER SCHOOL15
INSTITUTE, THE COMMISSION, AND THE DEPARTMENT OF EDUCATION , OF16
THE DISCONTINUATION.17
(c)  F
OR EACH MONTH DURING WHICH A PUBLIC SCHOOL DESCRIBED18
PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION USES AN AMERICAN19
I
NDIAN MASCOT AFTER THE ONE-YEAR DEADLINE AFTER NOTIFICATION BY
20
THE COMMISSION, IN COORDINATION WITH THE DEPARTMENT OF21
EDUCATION, THE SCHOOL DISTRICT OF THE PUBLIC SCHOOL OR , IN THE22
CASE OF AN INSTITUTE CHARTER SCHOOL , THE STATE CHARTER SCHOOL23
INSTITUTE, SHALL PAY A FINE OF TWENTY-FIVE THOUSAND DOLLARS TO24
THE STATE TREASURER, WHO SHALL CREDIT THE MONEY RECEIVED TO THE25
STATE EDUCATION FUND CREATED IN SECTION 17 (4) OF ARTICLE IX OF26
THE STATE CONSTITUTION.27
1390
-6- SECTION 4. In Colorado Revised Statutes, 22-5-111, amend (4)1
as follows:2
22-5-111.  Buildings and facilities - repeal.3
(4) (a)  Notwithstanding any provision of this article 5 to the contrary,4
during the 2021-22 state fiscal year FROM JULY 1, 2021, THROUGH5
DECEMBER 31, 2022, before authorizing a full-time school or an6
additional location of an existing school that is physically located within7
the geographic boundaries of a school district that is not a member of the8
board of cooperative services, a board of cooperative services must obtain9
written consent from such school district.10
(b)  The requirement for written consent set forth in subsection11
(4)(a) of this section does not apply to a school authorized or operating12
prior to June 11, 2021, so long as the school continues to operate for the13
2021-22 school year THROUGH DECEMBER 31, 2022.14
(c)  This subsection (4) is repealed, effective July 1, 2022 2023.15
SECTION 5. In Colorado Revised Statutes, 22-7-1210.5, amend16
(6)(b)(II) as follows:17
22-7-1210.5.  Per-pupil intervention money - uses - distribution18
- monitoring - repeal. (6) (b) (II) (A)  Notwithstanding the provisions of19
subsection (6)(b)(I) of this section, a local education provider may retain20
more than fifteen percent of the amount of per-pupil intervention money21
received in the 2020-21 budget year AND 2021-22 BUDGET YEARS for use22
in accordance with this section in the 2021-22 
AND 2022-23 budget year
23
YEARS, RESPECTIVELY.24
(B)  This subsection (6)(b)(II) is repealed, effective July 1, 202225
2023.26
SECTION 6. In Colorado Revised Statutes, 22-11-703, amend27
1390
-7- (5)(b) as follows:1
22-11-703.  Local accountability system - grant program2
established - repeal. (5) (b) (I)  The amount of a grant awarded pursuant3
to this section must be at least twenty-five thousand dollars per budget4
year but must not exceed fifty thousand dollars per budget year for a grant5
awarded to a single local education provider and must not exceed6
seventy-five thousand dollars per budget year for a grant awarded to a7
group of local education providers. The department shall distribute the8
amount of each grant over three budget years.9
(II) (A)  N
OTWITHSTANDING ANY PROVISIONS OF SUBSECTION10
(5)(b)(I) 
OF THIS SECTION TO THE CONTRARY , AS A RESULT OF THE11
SUSPENSION OF FUNDING FOR THE LOCAL ACC OUNTABILITY SYSTEM GRANT12
PROGRAM DURING THE 2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR13
IS NOT INCLUDED IN DETERMINING THE THREE BUDGET YEARS FOR GRANT14
DISTRIBUTION.15
(B)  T
HIS SUBSECTION (5)(b)(II) IS REPEALED, EFFECTIVE JULY 1,16
2024.17
SECTION 7. In Colorado Revised Statutes, 22-11-705, amend18
(5)(a) as follows:19
22-11-705.  Local accountability systems - report. (5) (a) (I)  In20
the third year of the grant program, the department shall contract with an21
external evaluator, which may be a state institution of higher education,22
to prepare a summary evaluation report of the implementation of the local23
accountability systems that receive grants. The evaluation must, at a24
minimum, include an evaluation of the success of each local25
accountability system in evaluating student success and the processes for26
ensuring a cycle of continuous improvement within the public schools of27
1390
-8- the participating local education providers. At the annual meeting held1
pursuant to subsection (1) of this section at the end of the first year of the2
grant program, the department, participating local education providers,3
and the accountability system partners shall identify the goals, tools, and4
measures to be addressed by the summary evaluation report. The data5
used for the summary evaluation report must include qualitative and6
quantitative measures.7
(II)  N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5)(a)(I)8
OF THIS SECTION TO THE CONTRARY, AS A RESULT OF THE SUSPENSION OF9
FUNDING FOR THE LOCAL ACCOUNTABILITY SYSTEM GRANT PROGRAM10
DURING THE 2020-21 BUDGET YEAR, THE 2020-21 BUDGET YEAR IS NOT11
CONSIDERED A GRANT PROGRAM YEAR FOR PURPOSES OF DETERMINING12
THE THIRD YEAR OF THE GRANT PROGRAM .13
SECTION 8. In Colorado Revised Statutes, 22-20.5-104, amend14
(3), (4), and (5) as follows:15
22-20.5-104.  Pilot program - dyslexia markers - effective16
interventions - created - evaluation report - repeal. (3)  At the end of17
the 2021-22
 2022-23 school year, the department shall evaluate the18
implementation of the pilot program and the effectiveness of the19
strategies in identifying and supporting more students in the participating20
local education providers than were identified and supported in21
nonparticipating local education providers. Based on the evaluation, the22
department shall refine the resources for technical support, identification,23
and interventions, as necessary, and disseminate the resources to all local24
education providers in the state. Upon request, the department shall also25
provide the technical support necessary to effectively use the resources.26
(4)  On or before December 31, 2022 2023, the department shall27
1390
-9- submit to the state board of education and the education committees of1
the senate and the house of representatives, or any successor committees,2
a report concerning the implementation and evaluation of the pilot3
program. The department may include in the report any recommendations4
for legislation that the department deems necessary based on the5
evaluation of the pilot program.6
(5)  This section is repealed, effective July 1, 2023 2024.7
SECTION 9. In Colorado Revised Statutes, 22-36-101, amend8
(2)(a) as follows:9
22-36-101.  Choice of programs and schools within school10
districts. (2) (a)  Every school district shall adopt such policies and11
procedures as are reasonable and necessary to implement the provisions12
of subsection (1) of this section, including, but not limited to, timelines13
for application to and acceptance in any program or school which THAT14
may provide for enrollment of the student on or before the pupil15
enrollment count day, and, while adopting policies and procedures, the16
school district shall consider adopting a policy establishing that an17
applicant with a proficiency rating of unsatisfactory in one or more18
academic areas who attends a public school that is required to implement19
a turnaround plan pursuant to section 22-11-406 or that is subject to20
restructuring pursuant to section 22-11-210 shall have priority over any21
other applicant for enrollment purposes. I
F A SCHOOL DISTRICT PERMITS22
A STUDENT WHOSE PARENT OR GUARDIAN IS A RESIDENT OF THE STATE BUT23
NOT A RESIDENT OF THE DISTRICT TO ATTEND SCHOOL IN THE DISTRICT ,24
THE SCHOOL DISTRICT SHALL NOT REQUIRE THE PARENT , GUARDIAN, OR25
STUDENT TO PAY TUITION TO ATTEND SCHOOL IN THE DISTRICT ,26
REGARDLESS OF WHEN DURING THE SCHOOL YEAR , OR UNDER WHAT27
1390
-10- CIRCUMSTANCES, THE STUDENT ENROLLS IN OR ATTENDS SCHOOL IN THE1
DISTRICT.2
SECTION 10. In Colorado Revised Statutes, 22-54-117, add3
(1)(a)(IX) as follows:4
22-54-117.  Contingency reserve - fund - repeal. (1) (a)  For the5
2007-08 fiscal year and fiscal years thereafter, the general assembly shall6
annually determine the amount to appropriate to the contingency reserve7
fund, which is hereby created in the state treasury. In deciding the amount8
to appropriate to the contingency reserve fund, the general assembly may9
take into consideration any recommendations made by the department of10
education, but nothing in this section obligates the general assembly to11
provide supplemental assistance to all districts that are found to be in12
need or to fully fund the total amount of such need. The state board may13
approve and order payments from the contingency reserve fund for14
supplemental assistance to districts determined to be in need as the result15
of any or all of the following circumstances:16
(IX) (A)  F
OR THE 2021-22, 2022-23, AND 2023-24 BUDGET YEARS,
17
UNUSUAL FINANCIAL BURDEN CAUSED BY THE WITHHOLDING OF LOCAL18
PROPERTY TAXES PURSUANT TO SECTION 29-1-606 (5) FOR A RURAL OR19
SMALL RURAL SCHOOL DISTRICT , AS DEFINED IN SECTION 22-7-1211 (4),20
BECAUSE OF A DELAY IN FILING THE AUDIT REPORT DUE TO21
EXTRAORDINARY PROBLEMS THAT COULD NOT HAVE BEEN REASONABLY22
FORESEEN OR PREVENTED BY THE RURAL OR SMALL RURAL SCHOOL23
DISTRICT.24
(B)  T
HIS SUBSECTION (1)(a)(IX) IS REPEALED, EFFECTIVE JULY 1,
25
2026.26
SECTION 11. In Colorado Revised Statutes, 22-54-119, add (4)27
1390
-11- as follows:1
22-54-119.  General provisions. (4)  T
HE DEPARTMENT OF
2
EDUCATION SHALL ISSUE A SEPARATE SCHOOL CODE TO THE FOLLOWING3
PROGRAMS:4
(a)  T
HE APEX HOMESCHOOL PROGRAM IN ST. VRAIN VALLEY
5
SCHOOL DISTRICT RE-1J;6
(b)  T
HE OPTIONS SCHOOL IN AURORA PUBLIC SCHOOLS; AND
7
(c)  A
NY SIMILAR STUDENT ENRICHMENT PROGRAM APPROVED FOR
8
A NEW CODE BY THE DEPARTMENT OF EDUCATION ON OR AFTER MAY 21,9
2022.10
SECTION 12. In Colorado Revised Statutes, 22-60.3-204,11
amend (1)(b) as follows:12
22-60.3-204.  Program eligibility - financial assistance -13
funding. (1) (b)  As a condition of receiving financial assistance through14
the program, an applicant must agree to teach for a period of three years15
in a rural or small rural school district 
OR IN AN EDUCATOR SHORTAGE16
AREA, AS DETERMINED BY THE STATE BOARD OF EDUCATION . If an17
applicant does not fulfill the service condition of the program, the18
applicant shall repay the awarded financial assistance to the department19
in accordance with the rules promulgated by the state board.20
SECTION 13.
  In Colorado Revised Statutes, 22-94-102, amend21
(2)(f) as follows:22
22-94-102.  Contract to create quality teacher recruitment23
program. (2)  In awarding a contract pursuant to subsection (1) of this24
section, the department shall take into consideration the number of25
districts in which the vendor will place licensed teachers, the number of26
licensed teachers that the vendor will place, and the potential number of27
1390
-12- children who will be taught by the licensed teachers. The department shall1
ensure that it awards the contract to one or more vendors that satisfy the2
following criteria:3
(f)  The vendor commits to matching no less than one hundred4
percent of any moneys MONEY that the department pays through a5
contract entered into pursuant to subsection (1) of this section. A vendor6
that responds to the department's solicitation for a contract issued7
pursuant to subsection (1) of this section shall provide written8
documentation from one or more private or corporate donors, OR ONE OR9
MORE SCHOOL DISTRICTS OR OTHER LOCAL GOVERNMENTS, that pledge to10
make gifts, grants, or donations, OR OTHER PLEDGES OF MONEY, WHICH11
MAY INCLUDE IMPACT INCOME, SUCCESS PAYMENTS, AND SPONSORSHIP12
AND EVENT INCOME, BUT SHALL NOT INCLUDE MONEY RECEIVED FROM13
PROGRAM PARTICIPANTS, to the vendor that, in total, equal at least the14
amount that the department has specified will be available for the15
purposes of a contract pursuant to subsection (1) of this section for the16
applicable fiscal year. The written documentation must also include the17
date by which the vendor will receive the gifts, grants, or donations, OR18
OTHER MONEY to be used in furtherance of the requirements of this article19
ARTICLE 94.20
SECTION 14. In Colorado Revised Statutes, 22-100-102, amend21
(5)(b) as follows:22
22-100-102.  Local school food purchasing program - creation23
- report - rules - repeal. (5) (b)  The department is authorized to monitor24
the school food purchasing program to ensure program integrity. and to25
annually reallocate money among participating providers to maximize the26
amount of the money given.27
1390
-13- SECTION 15. In Colorado Revised Statutes, 22-102-103, amend1
(4), (7), and (8) as follows:2
22-102-103.  Definitions. As used in this article 102, unless the3
context otherwise requires:4
(4)  "School counselor" means a counselor holding a master's5
degree in educational counseling and a professional special services6
license in Colorado PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY7
AUTHORIZATION ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS8
WORKING TO ATTAIN A SPECIAL SERVICES PROVIDER LICENSE FOR SCHOOL9
COUNSELING, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS10
TITLE 22 with an endorsement in school counseling, including but not11
limited to the completion of course work in the areas of academic and12
social-emotional development; assessment for social and emotional13
concerns, including suicide prevention and intervention; crisis14
intervention; social-emotional prevention programs, including character15
education and violence prevention; mental health; protective factors for16
at-risk students; and career awareness, exploration, and planning.17
(7)  "School psychologist" means a school psychologist holding a18
master's degree and a professional special services license in Colorado19
PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION20
ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS WORKING TO21
ATTAIN A SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL22
PSYCHOLOGIST, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS23
TITLE 22 with a school psychologist endorsement.24
(8)  "School social worker" means a social worker holding a25
master's degree and a professional special services license in Colorado26
PERSON WITH A TEMPORARY EDUCATOR ELIGIBILITY AUTHORIZATION27
1390
-14- ISSUED PURSUANT TO SECTION 22-60.5-111 (5) WHO IS WORKING TO1
ATTAIN A SPECIAL SERVICES PROVIDER LICENSE AS A SCHOOL SOCIAL2
WORKER, OR A LICENSE ISSUED PURSUANT TO ARTICLE 60.5 OF THIS TITLE3
22 with an endorsement in school social work, including but not limited4
to the completion of course work in the areas of school and special5
education law, including content covering functional behavior assessment6
and the development of behavior intervention plans.7
SECTION 16. In Colorado Revised Statutes, 22-102-104, amend8
(1) and (2)(a) as follows:9
22-102-104.  K-5 social and emotional health pilot program -10
creation - selection of pilot schools - rules. (1)  There is created the K-511
social and emotional health pilot program in the department to determine12
the impact of dedicated school mental health professionals in13
kindergarten through fifth grade in elementary schools that have14
high-poverty, high-need students. The pilot program is implemented15
within the selected pilot schools and administered by the department as16
a pilot program for three consecutive FOUR school years, unless extended17
by the general assembly. Subject to available appropriations or gifts,18
grants, or donations for the three-year FOUR-YEAR term of the pilot19
program, pursuant to section 22-102-106, the department shall employ or20
contract with a pilot program coordinator and contract for preliminary and21
final program evaluations of the pilot program. The department STATE22
BOARD OF EDUCATION shall promulgate any rules necessary for the23
administration of the pilot program.24
(2) (a)  Subject to available appropriations or gifts, grants, or25
donations for the three-year FOUR-YEAR term of the pilot program, no26
later than January 15 immediately preceding the first implementation27
1390
-15- year, the department shall select up to ten pilot schools to participate in1
the pilot program. If available appropriations and gifts, grants, or2
donations are insufficient to fully fund the pilot program, the department3
may select fewer than ten pilot schools to participate in the pilot program.4
The department shall select pilot schools that exhibit the characteristics5
set forth in subsection (2)(b) of this section and that are appropriate test6
schools to evaluate the impact and effectiveness of the pilot program. The7
pilot schools must demonstrate a willingness to participate in the pilot8
program and to collect the data and information necessary for the9
evaluation of the pilot program.10
SECTION 17. In Colorado Revised Statutes, 22-102-105, amend11
(4)(a) as follows:12
22-102-105.  Implementation of pilot program. (4) (a)  In13
implementing the pilot program, the school mental health professionals14
shall work as a team, with each professional providing services to15
students and offering training and resources to school faculty and16
administrators that WHO are authorized under the school mental health17
professional's special services AUTHORIZATION OR THE PROFESSIONAL 'S18
license and endorsement.19
SECTION 18. In Colorado Revised Statutes, 22-102-106, amend20
(2)(a) as follows:21
22-102-106.  Pilot program coordinator - evaluation of pilot22
program - student impacts and outcomes. (2) (a)  The department shall23
select a professional program evaluator to complete a preliminary24
evaluation of the pilot program on or before September 1 of the second25
full school year of implementation of the pilot program and a final26
evaluation of the pilot program to be completed on or before September27
1390
-16- 1 immediately following the conclusion of the final school year of the1
pilot program. Subject to available appropriations or gifts, grants, or2
donations for the three-year FOUR-YEAR term of the pilot program, the3
department shall contract with the evaluator in the school year prior to the4
implementation of the pilot program in the pilot schools to create a5
process for the collection and transmission of data and information to the6
evaluator to ensure that the evaluator has the data and information7
necessary to complete the preliminary and final reports concerning the8
impact and outcomes of the pilot program. The pilot program evaluator,9
in conjunction with the department, shall select a group of control schools10
that have school characteristics and student demographics similar to those11
of the pilot schools to serve as a control group for purposes of evaluating12
the impacts and outcomes of the pilot program on participating students13
and pilot schools. Data collected for pilot schools and control group14
schools must include data from school climate and healthy schools15
surveys for any grade in which such surveys have been created.16
SECTION 19. In Colorado Revised Statutes, 24-90-120, amend17
(4)(a) and (6)(c) as follows:18
24-90-120.  Colorado imagination library program - creation19
- request for proposal - state librarian duties - report - legislative20
declaration - definitions. (4) (a)  The contractor, in operating the21
program pursuant to subsection (2) of this section, shall pay to the22
national nonprofit foundation fifty percent of the statewide cost to23
provide free books to eligible children enrolled in the program, as24
determined by the national nonprofit foundation. The general assembly25
shall annually appropriate money from the general fund to the department26
of education for the state librarian to distribute to the contractor for the27
1390
-17- state's FIFTY PERCENT share of the cost to provide the books.     1
(6) (c)  Twenty percent of money appropriated for the 2021-222
state fiscal year, and ten percent of money appropriated for the 2022-233
fiscal year and each fiscal year thereafter, may be used for the contractor4
operating the program for duties set forth in subsections (2)(a) to (2)(f)5
of this section.6
         7
SECTION 20. In Colorado Revised Statutes, amend 22-35-1088
as follows:9
22-35-108. Accelerating students through concurrent10
enrollment program - objectives - non-tuition expenses - rules.11
(1) (a)  There is hereby established the accelerating students through12
concurrent enrollment program, Beginning in the 2010-11 school year,13
the department shall administer the ASCENT program pursuant to the14
provisions of this section and guidelines established by the board pursuant15
to subsection (4) of this section. WHICH IS AVAILABLE TO ALL QUALIFIED16
STUDENTS WHO ARE DESIGNATED BY THEIR ENROLLING LOCAL EDUCATION17
PROVIDERS PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION. The18
objectives of the ASCENT program are to:19
(I) Increase the percentage of students who participate in20
postsecondary education, especially among low-income and traditionally21
underserved populations;22
(II) Decrease the number of students who do not complete high23
school;24
(III) Decrease the amount of time that is required for a student to25
complete a postsecondary degree or certificate;26
(IV)  Reduce state expenditures for public education; and27
1390
-18- (V) Increase the number of educational pathways available to1
students.2
(b) Notwithstanding any other provision of this article ARTICLE 353
TO THE CONTRARY, a qualified student who is designated by the4
department A LOCAL EDUCATION PROVIDER to be an ASCENT program5
participant pursuant to subsection (2) of this section may concurrently6
enroll in postsecondary courses, including academic courses and career7
and technical education courses, in the year directly following the year in8
which he or she THE QUALIFIED STUDENT was enrolled in the twelfth9
grade of a THE local education provider.10
(2) (a) Subject to available appropriations, the department may11
designate as an ASCENT program participant any qualified student who12
A LOCAL EDUCATION PROVIDER MAY DESIGNATE A QUALIFIED STUDENT AS13
AN ASCENT PROGRAM PARTICIPANT IF THE QUALIFIED STUDENT :14
(I) Has completed or is on schedule to complete at least twelve15
NINE credit hours of postsecondary course work prior to the completion16
of his or her THE QUALIFIED STUDENT'S twelfth-grade year;17
(II)  Is not in need of a developmental education course;18
(III) Has been selected for participation in the ASCENT program19
by his or her high school principal or equivalent school administrator;20
(IV) (III) Has been accepted into a postsecondary degree program21
at an institution of higher education; AND22
(V) Has satisfied any other selection criteria established by23
guidelines established by the board pursuant to subsection (4) of this24
section; and25
(VI) (IV) Has not been designated AS an ASCENT program26
participant in any A prior year.27
1390
-19- (b)  Repealed.1
(c) (I)  Repealed.2
(II) (b) EACH LOCAL EDUCATION PROVIDER THAT DESIGNATES3
QUALIFIED STUDENTS TO PARTICIPATE IN THE ASCENT PROGRAM SHALL,4
AS PROVIDED BY STATE BOARD RULE, REPORT TO THE DEPARTMENT THE5
ESTIMATED NUMBER OF ASCENT PROGRAM PARTICIPANTS THAT THE6
LOCAL EDUCATION PROVIDER WILL ENROLL FOR THE FOLLOWING SCHOOL7
YEAR. The department, as part of its annual budget request to the general8
assembly, shall report the ESTIMATED total number of potential ASCENT9
program participants for the following school year.10
(III)  Repealed.11
(IV) The department shall not designate a greater number of12
ASCENT program participants for a school year than the number of13
participants that the general assembly approves for funding in the annual14
general appropriation act for the applicable budget year.15
(3) (a) The local education provider of a qualified student who is16
designated by the department as an ASCENT program participant may17
include the student A LOCAL EDUCATION PROVIDER MAY INCLUDE EACH18
QUALIFIED STUDENT WHOM THE LOCAL EDUCATION PROVIDER DESIGNATES19
TO PARTICIPATE IN THE ASCENT PROGRAM PURSUANT TO THIS SECTION20
in the district's funded pupil count, or, in the case of a QUALIFIED student21
enrolled in an institute charter school, in the FUNDED PUPIL COUNT OF THE22
school's accounting district, as provided in section 22-54-103 (7).23
(b) A local education provider that receives extended high school24
funding, as described in section 22-54-104 (4.7), in a budget year for25
ASCENT program participants may expend the funding on behalf of26
ASCENT program participants who enroll in an institution of higher27
1390
-20- education during that budget year and on behalf of ASCENT program1
participants who, by May 1 of that budget year, are admitted to an2
institution of higher education to participate in the ASCENT program3
during the next budget year.4
(c) The local education provider shall certify to the department by5
May 10 of each year the list of ASCENT program participants who are6
admitted to an institution of higher education to participate in the7
ASCENT program during the next budget year. At the end of the budget8
year in which the local education provider receives the extended high9
school funding for ASCENT program participants, the local education10
provider shall remit to the department any remaining amount of the11
funding that the local education provider is not using for an ASCENT12
program participant who is included on the certified list.13
(4) The board shall establish guidelines AS NECESSARY for the14
administration of the ASCENT program. including but not limited to15
selection criteria that the department may use pursuant to subparagraph16
(V) of paragraph (a) of subsection (2) of this section to designate17
qualified students as ASCENT program participants.18
(5) For the purposes of part 5 of article 11 of this title 2219
concerning school accountability reports, the department shall include20
ASCENT program participants in the reporting requirements, regardless21
of whether an ASCENT program participant has completed his or her THE22
PARTICIPANT'S graduation requirements.23
(6) (a)  Repealed.24
(b) (6) For purposes of applying the provisions of article 11 of this25
title 22 concerning school accountability and reporting graduation rates,26
a qualified student who is an ASCENT program participant shall MUST27
1390
-21- be counted in the enrolling school district's or institute charter school's1
graduation rate in the school year in which the student completes the2
school district's or institute charter school's minimum high school3
graduation requirements. The state board of education shall promulgate4
rules for schools and school districts to follow in satisfying state and5
federal reporting requirements concerning the enrollment status of6
ASCENT program participants. To the extent practicable, the rules must7
ensure that schools and school districts are not adversely affected in8
calculating and reporting the completion of high school graduation9
requirements by qualified students who have been designated by the10
department LOCAL EDUCATION PROVIDERS as ASCENT program11
participants. The rules must include, at a minimum, reporting12
requirements relating to:13
(I) (a) The provisions of article 7 of this title 22 concerning14
educational accountability; and15
(II) (b) The provisions of article 11 of this title 22 concerning16
educational accreditation.17
SECTION 21. In Colorado Revised Statutes, 22-35-105, repeal18
(4) as follows:19
22-35-105. Financial provisions - payment of tuition.20
(4) (a) Before paying the tuition for a course in which a qualified student21
concurrently enrolls, the local education provider in which the qualified22
student is enrolled shall require the qualified student and his or her parent23
or legal guardian to sign a document requiring repayment of the amount24
of tuition paid by the local education provider for the course on the25
qualified student's behalf if the qualified student does not complete the26
course for any reason without the consent of the principal of the student's27
1390
-22- high school.1
(b) If a qualified student concurrently enrolled in a course for2
whom a local education provider pays tuition does not complete the3
course for any reason without the consent of the principal of the high4
school in which the qualified student is enrolled, the qualified student or5
the qualified student's parent or legal guardian shall reimburse the local6
education provider, as provided in the document signed pursuant to7
paragraph (a) of this subsection (4), for the amount of tuition paid by the8
local education provider for the course.9
(c) A local education provider may adopt a policy that requires a10
qualified student and his or her parent or legal guardian to sign a11
document prior to the student's concurrent enrollment in a course, which12
document commits the student or his or her parent or legal guardian to13
reimburse the local education provider for the tuition paid by the local14
education provider for the course in the event that the student receives a15
failing grade in the course.16
SECTION 22. In Colorado Revised Statutes, 22-35-103, amend17
(6)(a) as follows:18
22-35-103. Definitions. As used in this article 35, unless the19
context otherwise requires:20
(6) (a)  "Concurrent enrollment" means the simultaneous21
enrollment of a qualified student in a local education provider and in one22
or more postsecondary courses, including academic or career and23
technical education courses, which may include course work related to24
apprenticeship programs or internship programs, at an institution of25
higher education pursuant to the provisions of this article 35, at no tuition26
cost to the qualified student or the qualified student's parent or legal27
1390
-23- guardian. except as provided in section 22-35-105 (4)(c). As provided in1
section 22-35-104 (5) and (6)(b)(II), upon successfully completing a2
concurrent enrollment postsecondary course, the qualified student must3
receive credit that applies to completion of high school graduation4
requirements and postsecondary credit that applies toward completion of5
developmental education courses, applies toward earning a certificate or6
degree awarded through an approved postsecondary career and technical7
education program, is approved by the department of higher education for8
transfer from a two-year institution to a four-year institution in9
satisfaction of prerequisite courses for a specific major, is approved for10
statewide transfer pursuant to section 23-1-125, or is part of a statewide11
degree transfer agreement pursuant to section 23-1-108 (7)(a).12
SECTION 23. In Colorado Revised Statutes, 22-35-107, amend13
(6) introductory portion, (6)(c), and (6)(d) as follows:14
22-35-107. Concurrent enrollment advisory board - created -15
membership - duties - reports - repeal. (6) The board shall have HAS16
the following duties:17
(c) Making recommendations as necessary to the general18
assembly, the state board, and the commission concerning the19
improvement or updating of state policies relating to concurrent20
enrollment programs, including but not limited to recommendations of21
policies that will allow every local education provider in the state to have22
adequate resources to enter into at least one cooperative agreement; and23
recommendations of a funding allocation model, to be approved by the24
state board on or before July 1, 2013, in the event that the number of25
qualified students identified by local education providers exceeds26
available appropriations pursuant to section 22-35-108 (2);27
1390
-24- (d) On or before December 1, 2010 DECEMBER 1, 2022,1
considering and making recommendations to the state board and the2
education committees of the house of representatives and senate, or any3
successor committees, regarding the feasibility of a waiver process4
whereby a LOCAL EDUCATION PROVIDER, ON BEHALF OF A qualified5
student, could apply to the department for a waiver of certain provisions6
of section 22-35-108, which waiver would allow the LOCAL EDUCATION7
PROVIDER TO DESIGNATE THE student to be designated by the department8
as an ASCENT program participant in the second year following the year9
in which he or she THE QUALIFIED STUDENT was enrolled in the twelfth10
grade of a THE local education provider so long as he or she THE11
QUALIFYING STUDENT:12
(I) Was so designated in the year directly following the year in13
which he or she THE QUALIFIED STUDENT was enrolled in the twelfth14
grade of a THE local education provider;15
(II) Requires fifteen or fewer credit hours of postsecondary course16
work to achieve a postsecondary credential; and17
(III) Is eligible for free or reduced-cost REDUCED-PRICE lunch18
pursuant to the federal "Richard B. Russell National School Lunch Act",19
42 U.S.C. sec. 1751 et seq.;20
SECTION 24. In Colorado Revised Statutes, 22-35-112, amend21
(2) introductory portion and (2)(g) as follows:22
22-35-112.  Reports. (2)  On or before February 1, 2011, and on23
or before February 1 each year thereafter through 2016, and on or before24
April 1, 2017, and on or before April 1 each year thereafter, ON OR25
BEFORE APRIL 1, 2022, AND ON OR BEFORE MAY 1 EACH YEAR26
THEREAFTER, the department and the department of higher education shall27
1390
-25- collaborate to prepare and submit to the education committees of the1
senate and house of representatives, or any successor committees, a report2
concerning the concurrent enrollment of qualified students in3
postsecondary courses, including academic courses and career and4
technical education courses, and courses related to apprenticeship5
programs and internship programs. The report must include, but need not6
be limited to:7
(g) FOR THE PREVIOUS SCHOOL YEAR, the total number of qualified8
students designated by the department as ASCENT or TREP program9
participants in the previous school year THAT LOCAL EDUCATION10
PROVIDERS DESIGNATED AS ASCENT PROGRAM PARTICIPANTS AND THE11
TOTAL NUMBER OF QUALIFIED STUDENTS THE DEPARTMENT DESIGNATED12
AS PARTICIPANTS IN THE TEACHER RECRUITMENT EDUCATION AND13
PREPARATION PROGRAM ;14
SECTION 25. In Colorado Revised Statutes, 22-35-113, amend15
(1)(f) as follows:16
22-35-113.  Concurrent enrollment - website. (1) By July 1,17
2020, the department of education and the department of higher18
education, with advice from the state board, shall make available to the19
public a concurrent enrollment website to provide information to students,20
parents, and legal guardians concerning concurrent enrollment options21
and requirements. The departments must ensure that the website is clear,22
easy to navigate, and generally user-friendly. In addition, the website23
must at a minimum:24
(f) Provide information concerning the payment of the costs of25
concurrent enrollment, including tuition, which is not chargeable to the26
student or the student's parent or legal guardian, except as provided in27
1390
-26- section 22-35-105 (4)(c), fees and books, which may be chargeable to the1
student or the student's parent or legal guardian, and transportation;2
SECTION 26. In Colorado Revised Statutes, 22-54-112, amend3
(2)(c) as follows:4
22-54-112. Reports to the state board. (2) (c) On or before5
November 10 of each year, the secretary of the state charter school6
institute board shall certify to the state board the pupil enrollment, and the7
online pupil enrollment, AND THE EXTENDED HIGH SCHOOL PUPIL8
ENROLLMENT of each institute charter school taken in the preceding9
October.10
SECTION 27. In Colorado Revised Statutes, 22-54-114, amend11
(4)(a) as follows:12
22-54-114. State public school fund. (4) (a)  For the 1997-9813
fiscal year and fiscal years thereafter, the net amount recovered by the14
department of education during the applicable fiscal year, pursuant to15
school district and institute charter school audits, as overpayments made16
to school districts and institute charter schools and any amount remitted17
by a school district or institute charter school pursuant to section18
22-35-108 (3)(c), that would otherwise be transmitted to the state19
treasurer for deposit in the general fund shall instead be transmitted to the20
state treasurer for deposit in the state public school fund. The amount21
shall be available for appropriation to the department of education in22
subsequent fiscal years.23
SECTION 28. In Colorado Revised Statutes, 23-18-202, amend24
(5)(c)(III) as follows:25
23-18-202. College opportunity fund - appropriations -26
payment of stipends - reimbursement - report. (5) (c) (III) For an27
1390
-27- eligible undergraduate student who has completed one or more college1
courses while enrolled in high school pursuant to the "Concurrent2
Enrollment Programs Act", article 35 of title 22, or while designated by3
the department of education as an ASCENT program participant pursuant4
to section 22-35-108 or as a TREP program participant pursuant to5
section 22-35-108.5, or while enrolled in a pathways in technology early6
college high school pursuant to article 35.3 of title 22, all college-level7
credit hours earned by the student while so enrolled count against the8
lifetime limitation described in subsection (5)(c)(I) of this section; except9
that credit hours earned from enrollment in a developmental education10
course, as defined in section 23-1-113 (11)(b), do not count against the11
lifetime limitation.12
SECTION 29. In Colorado Revised Statutes, 24-75-220, add (8)13
as follows:14
24-75-220. State education fund - transfers - surplus -15
legislative declaration. (8) ON JULY 1, 2022, THE STATE TREASURER16
SHALL TRANSFER THREE HUNDRED MILLION DOLLARS FROM THE GENERAL17
FUND TO THE STATE EDUCATION F UND CREATED IN SECTION 17 (4) OF18
ARTICLE IX OF THE STATE CONSTITUTION.19
SECTION 30. In Colorado Revised Statutes, 22-7-1006.3,20
amend (1)(d) as follows:21
22-7-1006.3.  State assessments - administration - rules -22
repeal. (1) (d)  If all or any portion of a state assessment 
ADMINISTERED
23
PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION requires a student to24
use a computer to take the assessment, at the request of a local education25
provider, the department of education must administer the portions of the26
state assessment that require a computer in a format that a student may27
1390
-28- complete using pencil and paper. Each local education provider shall1
report to the department the number of students it enrolls who will take2
the state assessment in a pencil-and-paper format.3
SECTION 31. In Colorado Revised Statutes, 22-7-1013, amend4
(6) as follows:5
22-7-1013.  Local education provider - preschool through6
elementary and secondary education standards - adoption - academic7
acceleration. (6)  Each local education provider shall adopt and8
implement a written policy by which the local education provider will9
decide whether the students enrolled by the local education provider will10
use pencil and paper to complete any portion of a state assessment11
administered pursuant to section 22-7-1006.3 SECTION 22-7-1006.3 (1)(a)12
that the students would otherwise complete using a computer. The policy13
must ensure that the local education provider makes the decision in14
consultation with parents and, if the local education provider is a school15
district or board of cooperative services, the public schools that the local16
education provider operates. The local education provider may decide that17
the students in one or more of the public schools, or in one or more of the18
classrooms of the public schools, operated by the local education provider19
will use pencil and paper to complete the computerized portions of a state20
assessment. Each year before the start of fall semester classes, the local21
education provider shall distribute copies of the policy to the parents of22
students enrolled in the local education provider and post a copy of the23
policy on the local education provider's website.24
SECTION 32. Appropriation. For the 2022-23 state fiscal year,25
$100,000 is appropriated to the department of education. This26
appropriation is from the general fund. The department may use this27
1390
-29- appropriation for contracting with an external evaluator to perform the1
evaluation of local accountability systems required pursuant to section2
22-11-705 (5), C.R.S.3
SECTION 33. Appropriation. For the 2022-23 state fiscal year,4
$184,125,900 is appropriated to the department of education. This5
appropriation consists of $2,101,985 from the general fund and6
$182,023,915 from the state education fund created in section 17 (4)(a)7
of article IX of the state constitution. To implement this act, the8
department may use this appropriation for the state share of districts' total9
program funding. 10
SECTION 34. Appropriation. (1)  For the 2022-23 state fiscal11
year, $1,000,000 is appropriated to the mill levy equalization fund created12
in section 22-30.5-513.1 (2)(a), C.R.S. This appropriation is from the13
general fund. The department of education is responsible for the14
accounting related to this appropriation.15
(2)  For the 2022-23 state fiscal year, $1,000,000 is appropriated16
to the department of education. This appropriation is from reappropriated17
funds in the mill levy equalization fund under subsection (1) of this18
section. To implement this act, the department may use the appropriation19
for CSI mill levy equalization.20
SECTION 35. Appropriation to the department of education21
for the fiscal year beginning July 1, 2022. Section 2 of HB 21-1329,22
amend Part IV (2)(A) Footnote 8, as follows:23
Section 2. Appropriation.24
8 Department of Education, Assistance to Public Schools, Public25
School Finance, State Share of Districts' Total Program Funding --26
Pursuant to Section 22-35-108 (2)(a) and 22-35-108.5 (2)(b)(II), C.R.S.,27
1390
-30- the purpose of this footnote is to specify what portion of this1
appropriation is intended to be available for the Accelerating Students2
Through Concurrent Enrollment (ASCENT) Program and the Teacher3
Recruitment Education and Preparation (TREP) Program for FY 2022-23.4
It is the General Assembly's intent that the Department of Education be5
authorized to utilize up to $4,249,000 of this appropriation to fund6
qualified students designated as ASCENT Program participants and7
$1,699,600 $1,737,200 of this appropriation to fund qualified students8
designated as TREP Program participants. This amount is calculated9
based on an estimated 500 FTE participants and 200 FTE TREP Program10
participants funded at a rate of $8,498 $8,686 per FTE pursuant to11
Section 22-54-104 (4.7), C.R.S.12
SECTION 36. Appropriation. (1)  For the 2022-23 state fiscal13
year, $196,086 is appropriated to the department of education. This14
appropriation is from the general fund. To implement this act, the15
department may use this appropriation as follows:16
(a)  $127,973 for the dyslexia markers pilot program;17
(b) $43,113 for college and career readiness, which amount is18
based on an assumption that the department will require an additional 0.519
FTE; and20
(c)  $25,000 for information technology services.21
SECTION 37. Safety clause. The general assembly hereby finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety.24
1390
-31-